State Funded Madrassa can’t Impart Religious Instructions: Gauhati HC

The enactment of the Assam Repealing Act, 2020, which repealed Assam Madrassa Education (Provincialization) Act, 1995 and the Assam Madrassa Education (Provincialization of Services of Employees and Re-Organisation of Madrassa Educational Institutions) Act, 2018, by the Assam Government was upheld by Gauhati HC in a writ petition challenging its validity.

The HC held that madrasas ceased to be minority institutions once they were provincialised, and stated “The Madrasas in question, which are “wholly maintained out of State funds”, cannot impart religious instructions in terms of the mandate of Article 28(1) of the Constitution of India.”